| Commentary

214 Trade marks generally

| Commentary

J: TRADEMARK RIGHTS

214 Trade marks generally

The Trade Marks Act 1994 defines a trade mark as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of another’1. Specific examples of trade marks consists of words (including personal names), designs, letters, numerals or the shape of goods or their packaging2. Distinctive tunes, images, smells and tastes all have the potential to be registered as trade marks provided they are capable of graphic representation.

An application to register a trade mark is made to the Controller-General of patents, designs and trade marks

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial